MOHAN LAL Vs. ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) Since all these appeals are preferred against a common award of the Motor Accidents Claims Tribunal, Jammu and have arisen from a common road accident, the same are taken up together and disposed by a common order.

(2.) The brief facts which led to the filing of these appeals are that on the fateful day of 19th September, 1996, a bus bearing registration No.JKQ/3491 carrying a Barat was on its way from village Kangri to Baajnueu. When it reached near Beri Pattan Morh, due to rash and negligent driving, the bus rolled down into a deep gorge, resulting in killing of number of passengers and causing injuries to others. Some injured passengers later on succumbed to their injuries. The driver of the offending vehicle also died in the said accident. The offending vehicle/bus was owned by respondent No.2 and insured with respondent No.1. Some claim petitions were instituted in Motor Accidents Claims Tribunal, Rajouri and those claim petitions were disposed of on 31.05.1999 and amounts awarded stand satisfied by the insurance company.

(3.) Appellants herein, including some other persons, had filed claim petitions before Motor Accident Claims Tribunal, Jammu, (for short, the Tribunal ) seeking various amount of compensation on the grounds mentioned in the claim petitions. The 2nd respondent failed to contest the claim petitions and the 1st respondent -Insurance Company in its objections alleged that the vehicle was being driven by the person not possessing a valid driving license and the offending vehicle had been sold before the alleged accident by the insured, as such, the insurance company is not liable for any payment. The claimants had appeared in the witness box and examined Pawan Kumar, Preetam, Chaman Lal, Ashok Kumar, Badri Nath Raina, Medical Record Keeper, Dr. Anil Gupta and Dr. Rakesh Sharma in support of their claims.